BNS Section 319: Cheating By Personation
Section 319 falls under Chapter 17 of the Bharatiya Nyaya Sanhita (BNS). Chapter 17 covers offences against property. Each section under this chapter deals with different offences related to various property related crimes. Section 319 specifically deals with cheating by way of impersonation. Let us take a closer look at its provisions.
Definition of BNS Section 319
Section 319 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(1) A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is.
Explanation.—The offence is committed whether the individual personated is a real or imaginary person.
Illustrations.
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
(2) Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
Explanation and Illustration of BNS Section 319
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of cheating by way of impersonation. Let us break down the section to get a better understanding of it.
Offence
This section has been divided into two subsections. While the first subsection defines the meaning of cheating by personation, subsection two defines the punishment for the offence. Let us take a look.
Subsection (1) defines cheating by personation as an act of cheating committed by:
pretending to be some other person - here a person cheats another person by pretending to be someone he or she is not.
knowingly substituting one person for or another - here a person cheats another person by presenting someone to them as something he or she is not.
representing that he or any other person is a person other than he or such other person really is - by making them believe that a particular person is someone who he or she is not
In other words, when an act of cheating is committed by deceiving someone into believing that a person is someone who he or she is not. However, as mentioned in Section 318, mere deception does not amount to cheating. The deception must lead to loss of property, reputation or physical or mental damage for the person who is being cheated. Only then does it amount to an offence under the provisions of this section.
Further, an explanation has been provided to clarify that it doesn’t matter if the deception is caused using an imaginary or real identity. As long as a person is being presented as someone who they are not with the intention of extracting property or causing a loss to the person being cheated, it shall amount to cheating by personation. The illustrations provided clearly demonstrate the offence.
Subsection 2 defines the punishment for the offence as defined above.
Punishment
Any person found guilty of cheating by personation shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
A pretends to be Z, a person who has been reported missing, with the intention of inheriting property from Z’s family. A has cheated by personation.
Key Points in BNS Section 319
This section deals with: Cheating by personation
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 319 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 319 of BNS replaces IPC Section 416 & 419. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 319 | Cheating by personation | 416, 419 | Two sections have been clubbed as subsections under one section. |
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FAQs about Section 319 of the Bharatiya Nyaya Sanhita (BNS)
What does "cheating by personation" mean under Section 319?
Any act of cheating performed by means of falsely impersonating someone is considered cheating by personation under this section.
Is impersonation through online platforms punishable under this section?
Yes. If the impersonation was performed with intent to cheat someone, it shall be an offence under this section.
What are the penalties for cheating by personation?
Any person found guilty of cheating by personation shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.
How is evidence of personation established in court?
By establishing the true identity of the person who is performing the personation, or by proving that the identity that is being personated is someone distinctly different from the person performing it, one can establish the fact of personation in court.
Can using a fake identity temporarily also be considered personation?
Yes. If the personation was performed in order to deceive someone with the intent of causing loss, harm or injury to that person or their property, then it shall be considered personation, even if it is temporary.
What steps should victims take to report cheating by personation?
Any information or knowledge of such activity must be immediately reported to the police authorities.
Are there different penalties for financial and non-financial personation?
No. Penalties for cheating through personation are the same irrespective of the nature of the cheating.
